A town judge in Herkimer County, Salisbury, N.Y., is facing potential removal due to multiple incidents of misconduct. One of these incidents involved the judge displaying a statue depicting the Confederate flag on his desk.
The New York State Commission on Judicial Conduct has announced on Monday that Salisbury Town Court Justice Thomas F. Rathburn, who is not an attorney, should be removed from his office.
The commission raised several concerns regarding Rathburn’s conduct. Along with prominently displaying the Confederate symbol, Rathburn expressed support for the Confederacy and made derogatory remarks about President Abraham Lincoln on social media. Furthermore, he neglected to fulfill certain responsibilities associated with his role as a town justice.
Rathburn also took to social media to share an image expressing his pride in being white.
Robert Tembeckjian, an administrator of the commission, stated that Judge Rathbun’s various acts of misconduct, along with his refusal to address the commission’s inquiries or respond to the formal disciplinary charges, clearly display a disregard for his ethical obligations. As a result, it is imperative that he be removed from his judicial position.
Rathburn has been a town justice since 2002, holding an elected position. His current term was scheduled to end on December 31, 2025.
According to a news release from the commission, the Confederate statue could be seen from the courtroom if his office door was open. The formal written complaint states that the statue has been on display in his office since 2005.
According to the commission, Rathburn’s public Facebook posts between 2012 and 2023 included “inappropriate” political commentary, with some of them showing apparent support for the Confederacy.
According to one post, if individuals endorse the prohibition of the Confederate flag due to its associations with slavery, they should also support the banning of the American flag.
According to the written complaint, another post claimed that Gen. Robert E. Lee was defending the “Nation of Virginia” from invasion and labeled President Abraham Lincoln as the “greatest mass murderer America has ever seen.” The posts also contained “demeaning political memes,” featuring images that mocked President Barack Obama and Hillary Clinton.
The commission further stated that Rathburn neglected to fulfill certain responsibilities expected of a judge.
According to a written complaint, in 2022, he failed to fulfill the mandatory Continuing Judicial Education credits that are required for all non-lawyers. As a result, his cases had to be reassigned to another judge. Since March of 2023, he has been barred from carrying out any judicial duties.
According to the commission, Rathburn failed to file the required monthly reports with the state comptroller in early 2023, which led to his salary being suspended. Additionally, he neglected to handle an eviction case for a duration of 11 months.
In the past month, another Upstate New York judge, Rathburn, has become the second to receive a recommendation for removal.
If he does not appeal, he will be removed from office.
Erin P. Gall, a judge for the Fifth Judicial District in Oneida County, has been suspended pending a review by the Court of Appeals. The review is in response to the commission’s decision to remove her from office.
Gall was stationed after an incident involving an inappropriate interaction with civilians and police at a graduation party of a family friend in New Hartford. Gall acknowledged that the interaction had the potential to be perceived as racially biased and biased in favor of the police.
In its 46-year history, the commission has made a total of 184 determinations of removal. Although the state Court of Appeals has occasionally lessened the severity of some of these determinations by converting them into either a censure or an admonition, there has never been a case where a sanction that originated as a request for removal was entirely dismissed.
